Opinion
No. 2010-3123.
April 12, 2011. Rehearing and Rehearing En Banc Denied June 24, 2011.
Appeal from the Merit Systems Protection Board in No. CH3330080673-I-2.
Richard S.J. Hung, Morrison Foerster, LLP, of San Francisco, CA, argued for petitioner. On the brief was Henry C. Su, Howrey LLP, of East Palo Alto, CA. Of counsel was Christopher F. Jeu.
Dawn E. Goodman, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk Manhardt, Assistant Director.
RADER, Chief Judge, LINN and O'MALLEY, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.